BILL ANALYSIS Ó AB 146 Page 1 ASSEMBLY THIRD READING AB 146 (Dickinson) As Amended May 2, 2011 Majority vote NATURAL RESOURCES 5-3 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Chesbro, Brownley, |Ayes:|Fuentes, Blumenfield, | | |Dickinson, Monning, | |Bradford, Charles | | |Skinner | |Calderon, Campos, Davis, | | | | |Gatto, Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Knight, Grove, Halderman |Nays:|Harkey, Donnelly, | | | | |Nielsen, Smyth, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Increases the membership of the Air Resources Board (ARB) from 11 to 13, requires the additional members to be: 1) a board member from specified air districts in the Sacramento federal nonattainment area; and, 2) an expert in climate change. Specifically, this bill increases ARB to 13 members and requires one member to be a board member from the Sacramento federal nonattainment area for ozone in either the Sacramento, Placer, Yolo-Solano, Feather River, or El Dorado air district and one member to have training and experience in climate change and the reduction of greenhouse gas emissions. EXISTING LAW : 1)Establishes ARB and provides for appointment of 11 members by the Governor on the basis of interest and ability in the field of air pollution control, understanding of the needs of the general public in connection with air pollution problems, and additional specific qualifications. All members serve at the pleasure of the Governor and are subject to confirmation by the Senate. Members serve part-time, with the exception of the Chair, who is appointed by the Governor and serves full-time. ARB's primary duties are controlling motor vehicle emissions, coordinating activities of air districts for the purposes of the federal Clean Air Act, and implementing the California Global Warming Solutions Act ÝAB 32 (Núñez and AB 146 Page 2 Pavley), Chapter 488, Statutes of 2006]. 2)Establishes the following specific qualifications for board members: a) One with training and experience in automotive engineering or a closely related field; b) One with training and experience in science, agriculture, or law; c) One who is a physician and surgeon, or health effects expert; d) One with experience in air pollution control, or meeting the qualifications of one of the three categories listed above; e) Two public members; and, f) One board member from each of the following air districts: i) South Coast Air Quality Management District (SCAQMD); ii) Bay Area Quality Management District (BAAQMD); iii) San Joaquin Valley Air Pollution Control District (SJVAPCD); iv) San Diego County Air Pollution Control District; and, v) Any other district. 3)Establishes county air pollution control districts in every county, unless the entire county is included within the Antelope Valley Air Quality Management District, the BAAQMD, the Mojave Desert Air Quality Management District, the SCAQMD, the SJVAPCD, a regional district, or a unified district. Requires air districts to adopt and enforce rules and regulations to achieve and maintain the state and federal ambient air quality standards in all areas affected by non-vehicular emission sources under their jurisdiction. AB 146 Page 3 FISCAL EFFECT : According to the Assembly Appropriations Committee, minor annual costs to ARB in the tens of thousands of dollars to pay per diem costs of the two additional board members. COMMENTS : The U.S. Environmental Protection Agency has designated the Sacramento region as a serious nonattainment area for ozone and particulate matter. According to supporters, Sacramento is the most populous nonattainment region in the state without a designated representative on the ARB. Mobile sources are the largest contributor to air pollution in the Sacramento region, so regulation of mobile sources is of vital interest to the local districts in their efforts to meet federal air pollution standards. In addition, since passage of the Global Warming Solutions Act, ARB has taken on significant new duties in the area of climate change. In 2005, the Legislature approved AB 1221 (Jones), which was similar to this bill. As passed by the Assembly, AB 1221 added an air district member from the Sacramento region to the ARB. The bill was amended in the Senate to also add an expert on the effects of greenhouse gases on climate change. AB 1221 was vetoed by the Governor on the basis that the current composition of the ARB allowed for representation from Sacramento and an expert on greenhouse gases. Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916) 319-2092 FN: 0000726